I have a protection from abuse (PFA) order against the abuser. Can s/he have a gun?
Alabama state law makes firearm possession illlegal for anyone who is subject to a valid protection order for domestic abuse that meets the following requirements:
- It was issued after notice to the abuser and a hearing was held where the abuser had the opportunity to appear; and
- The order does the following three things:
- tells the abuser not to:
- harass, stalk, or threaten you or your child; or
- take other actions that would put you or your child in reasonable fear of bodily injury;
- includes a determination (finding) from the judge that the abuser represents a “credible threat” to the physical safety of you or your child; and
- specifically prohibits the use, attempted use, or threatened use of physical force against you or your child that would reasonably be expected to cause bodily injury.1
- tells the abuser not to:
In addition, federal laws, which apply to all states and territories, restrict an abuser’s right to have a gun if you have a final restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.
1 Alabama Code § 13A-11-72(a), (h)(8)